RESTAURANTS; LIQUOR;

RESTAURANTS; LIQUOR;

You asked if (1) the open container law distinguishes between beer and wine, (2) a patron of a restaurant or banquet hall can take home an open bottle of wine, and (3) restaurants have either a policy or a buyer beware clause to inform banquet patrons that left-over wine cannot be salvaged.

SUMMARY

Connecticut does not have an open container law with regard to taking wine or beer home from a restaurant. Instead, it bans the consumption of any type of alcohol while driving.

State law differentiates between a restaurant permit and a banquet hall permit. The law pertaining to restaurants specifies that beer or wine purchased on the premises must be consumed on the premises. State law is silent on this issue with regard to banquet halls, but the Department of Consumer Protection (DCP) views taking alcohol off the premises as a permit violation.

The state does not require restaurants to inform patrons that left-over wine cannot be salvaged, and it does not require banquet hall contract agreements to contain a buyer beware clause. In practice, the notice provided by restaurants or banquet hall varies by establishment.

STATE LAW

Restaurants

A restaurant that may also do on-site catering receives a restaurant permit subject to the requirements of CGS § 30-22. This law requires that a restaurant permit allow for the sale of wine or beer for on-premises consumption. It does not differentiate between an open or unopened bottle. The on-site consumption requirement prevents restaurants from functioning as liquor stores, according to Gerry Langlais of DCP.

A patron who brings wine purchased elsewhere to a restaurant may take the unused portion home with him, according to Langlais.

Banquet Halls

A banquet hall that engages solely in on-site catering receives a restaurant permit for a catering facility under CGS § 30-22b. Although the permits do not specifically prohibit taking wine off the premises, such removal would be viewed as a permit violation according to Langlais.

NOTICE TO PATRONS ON LEFT-OVER ALCOHOL

On-site catering contract agreements are not required to follow a standard format. In general, they do not address disposition of left-over wine but patrons are normally issued a credit for any unopened bottles for which they had prepaid. A restaurant or banquet hall may choose to include in its contract a buyer beware clause or other language it deems appropriate, but it is not required.

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